CHAPTER 295

FORMERLY

SENATE BILL NO. 254

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR OFF-HIGHWAY VEHICLE VIOLATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §6811(b), Title 21 of the Delaware Code by striking subsection (b) in its entirety and by substituting in lieu thereof the following:

“(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable by the penalties in §6831 of this chapter.”.

Section 2. Amend §6814(b), Title 21 of the Delaware Code by striking subsection (b) in its entirety and by substituting in lieu thereof the following:

“(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties in §6831 of this chapter.”.

Section 3. Amend §6831, Title 21 of the Delaware Code by striking §6831 in its entirety and by substituting in lieu thereof the following:

"§6831. Penalties.

A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter.

(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the time of conviction.

(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.

(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded if he or she has probable cause to believe that the OHV was used in violation of this chapter.".

Approved July 3, 2008